On August 1, 2025, the European Court of Justice delivered a major decision against Italy’s plan to process migrants and asylum seekers in camps located in Albania. This ruling, made in Luxembourg, immediately stopped Italy’s efforts to move asylum procedures outside the European Union. The court found that Italy’s agreement with Albania broke EU law and put asylum seekers’ rights at risk.
The European Court of Justice, often called the ECJ, said that Italy cannot declare Albania—a non-EU country—as “safe” for the purpose of transferring and processing asylum seekers. The court explained that EU law requires all asylum procedures to happen within EU territory. This means Italy cannot send people intercepted at sea or arriving irregularly to camps in Albania for processing. The ECJ’s decision is final and must be followed by all EU member states.

Italy and Albania signed their agreement in late 2024. The Italian government, led by Prime Minister Giorgia Meloni, said the plan would help manage migration and reduce pressure on Italian facilities. The goal was to speed up asylum processing and return people from countries Italy considers “safe.” However, many human rights groups, EU lawmakers, and the European Commission quickly raised concerns. They argued that moving asylum seekers outside the EU could lead to unfair treatment and violate international protection standards.
After the ruling, Prime Minister Meloni and Interior Minister Matteo Piantedosi expressed disappointment. They said the scheme was important for border management and promised to look for new ways to handle migration within EU law. The Albanian government, which had agreed to host the centers, stated it would respect the ECJ’s decision and follow EU legal standards.
The European Commission welcomed the court’s ruling. It stressed that all member states must respect EU asylum law and protect the rights of people seeking safety. Human rights organizations, including Amnesty International and the European Council on Refugees and Exiles, called the decision a victory for refugee rights and legal protections.
The ECJ’s ruling has several immediate effects:
- Italy must stop all plans to transfer or process asylum seekers in Albania.
- Migrants intercepted at sea or arriving in Italy must have their claims processed within EU territory, under EU legal protections.
- Italy can still use a “safe country of origin” list and fast-track procedures, but only if these happen within the EU and with full legal safeguards.
- Deportations of rejected asylum seekers to “safe” countries can continue, but only after proper review and within the EU legal system.
Here’s how the process now works for asylum seekers arriving in Italy:
- All asylum seekers must be processed on Italian or other EU soil. No transfers to Albania or other non-EU countries are allowed.
- Applications from nationals of “safe countries” can be fast-tracked, but only if the person has full access to appeal and legal help, as required by EU law.
- Rejected applicants may be deported to their home countries if those countries are on the “safe” list, but only after a careful, individual review.
- No asylum processing can take place in Albania or any other non-EU country under current EU law.
Legal experts say this ruling confirms the EU’s commitment to protecting asylum seekers and keeping migration management within the EU’s borders. Some migration policy analysts believe the decision will put more pressure on countries like Italy that receive many migrants. They suggest this could lead to new calls for reforming the EU’s asylum system to better share responsibility among member states.
Italy and Albania signed agreement for asylum processing
European Court of Justice delivered ruling against Italy’s plan
Italy must stop all plans to transfer asylum seekers to Albania
Migrants must have claims processed within EU territory
Italy can still use ‘safe country of origin’ list under EU law
The ruling has sparked debate in Italy and across the EU. Some governments support stricter border controls and want to limit migration, while others focus on upholding human rights and legal protections. The decision is likely to shape future discussions about the EU Pact on Migration and Asylum, which aims to balance border security with fair treatment for people seeking safety.
Italy’s government is expected to propose new measures in response to the ruling. These could include seeking more support from the EU for border management or pushing for changes to EU asylum rules. While ECJ rulings are final, Italy may try to adjust its migration policy within the limits set by the court.
The European Court of Justice’s decision also affects thousands of migrants. The Italy-Albania scheme was expected to process up to 36,000 people per year in Albania. Now, all these cases must be handled within the EU, following strict legal standards. Italy’s “safe country of origin” list includes more than a dozen countries, but the ECJ has made it clear that fast-track procedures must still respect each person’s rights.
For people seeking asylum in Italy, the ruling means they will have their claims heard within the EU, with access to legal help and the right to appeal. This offers more protection and ensures that no one is sent to a non-EU country without proper review. For Italy, the decision means finding new ways to manage migration while respecting EU law.
Human rights groups see the ruling as a strong message that the EU will not allow member states to move asylum procedures outside its borders. They argue that this protects vulnerable people and keeps the EU’s promise to offer safety to those fleeing danger.
For more information on the European Court of Justice and its rulings, readers can visit the official ECJ website.
As reported by VisaVerge.com, the ECJ’s decision has immediate and far-reaching effects on Italy’s migration policy, EU legal standards, and the wider debate about how Europe manages migration. The ruling sets a clear limit: all asylum procedures must happen within the EU, under EU law, and with full respect for people’s rights.
In summary, the European Court of Justice’s ruling on August 1, 2025, has stopped Italy’s plan to process asylum seekers in Albania. The decision protects the rights of migrants and keeps all EU asylum procedures within EU territory. Italy must now look for new solutions that follow EU law, while the EU as a whole continues to debate the best way to manage migration and protect those in need. This case shows the ongoing challenge of balancing border control with human rights in Europe.
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